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Home My WebLink About2026_03_10 CC PacketCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, March 10, 2026 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. 5. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion. At the request of any one Council Member or the City Manager, an item may be removed from the Consent Agenda and placed on the regular agenda whenever additional discussion on an item is necessary. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Action to approve City Council meeting minutes.ID 26-01015.A. Page 1 City of Brookings March 10, 2026City Council Meeting Agenda - Final 2/24/2026 CC MinutesAttachments: Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. ID 26-01045.B. Memo SDCL References Attachments: 6. Presentations/Reports: Presentation: City of Brookings Employee Service Awards Recognition.ID 26-00876.A. Longevity ListAttachments: Report: SDSU Student Association.ID 26-01026.B. Reports: City Council Ex-Officio ReportsID 26-01036.C. 7. Funding Request: Discussion and Possible Action on the 2026 Outside Agency Funding Recommendations. ID 26-00887.A. Memo 2026 Funding Recommendation Attachments: Action: Motion, Request Public Comment, Roll Call 8. Ordinance First Readings: No vote is required on the first reading of an Ordinance. The title of the Ordinance is read. Public Comment and Council discussion is permitted. The date for the second reading or public hearing is announced. Second Reading and Action on Ordinance 26-010, an Ordinance to revise Chapter 62 Division 3. Dead, Dying, Diseased or Infested Trees. ORD 26-0108.A. Memo Ordinance - clean Ordinance - marked Attachments: 9. Public Hearings and Second Readings: Second Reading and Action on Ordinance 26-006, an Ordinance Authorizing Budget Amendment No. 10 to the 2025 Budget. ORD 26-0069.A. Memo Ordinance Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 2/24/26 City Council read into the record Page 2 City of Brookings March 10, 2026City Council Meeting Agenda - Final Second Reading and Action on Ordinance 26-007, an Ordinance Authorizing Budget Amendment No. 1 to the 2026 Budget. ORD 26-0079.B. Memo Ordinance Detail by Account Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 2/24/26 City Council read into the record Second Reading and Action on Ordinance 26-009, an Ordinance Amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of Brookings. ORD 26-0099.C. Memo Ordinance - clean Parklet Application Parklet Design Check List Attachments: Action: Motion, Request Public Comment, Roll Call Legislative History 2/24/26 City Council read into the record Public Hearing and Action on Ordinance 26-008, an Ordinance Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting Signs in the Business B-1 Central District. ORD 26-0089.D. Memo Ordinance - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes Attachments: Action: Motion, Open & Close Public Hearing, Roll Call Legislative History 2/24/26 City Council read into the record 10. Other Business: Action on Resolution 26-016, a Resolution Amending the Consolidated Fee Schedule. RES 26-01610.A. Memo Resolution Attachments: Action: Motion, Request Public Comment, Roll Call 11. City Council member introduction of topics for future discussion. Page 3 City of Brookings March 10, 2026City Council Meeting Agenda - Final Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 12. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0101,Version:1 Action to approve City Council meeting minutes. Attachments: 02/24/2026 City Council Minutes City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ BROOKINGS CITY COUNCIL February 24, 2026 (unapproved) The Brookings City Council held a meeting Tuesday, February 24, 2026 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, and Council Members Wayne Avery, Brianna Doran, Lisa Hager, Bonny Specker, Holly Tilton Byrne, and Nick Wendell. City Manager Paul Briseno, City Attorney J. Vince Jones, and City Clerk Bonnie Foster were also present. Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Consent Agenda. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the consent agenda be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. A. Action to approve the February 10, 2026 City Council Minutes. B. Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders: Sodexo Catering (License Holder RB- 28249 and RW -28251): SDSU TL26-034. C. Action on appointments to the Business Improvement District #1 Board: Lisa Marotz and Elena McKeown (terms expire 1/1/2029). D. Action to abate Property Taxes in the amount of $$1,195.23 for Parcel #40175- 00200-014-00. Report: SDSU Student Association. Anna Hundt, SDSU Student’s Association Government Affairs Chair, provided an update on SDSU current affairs. A Certificate of Appreciation was presented by the Mayor & City Council to Anna Hundt for her work behalf of SDSU and the City of Brookings this past year. Mayor’s State of the City Address. Mayor Niemeyer’s message: “I’m privileged to present the 2025 State of the City address. This address is more than just a list of accomplishments, it’s the story of our city, a reflection of who we are, how we respond when tested, and how we continue to grow. With purpose. That story begins on December 30, 2024. Many of us woke up that Tuesday morning to the news that a fire had broken out in our historic downtown. It was more than just a building at risk. It was a reminder that our downtown is not only an economic center – it is a pivotal part of Brookings’ identity. In the days that followed, what stood out was not only the quick response of our first responders and mutual aid partners, but the overwhelming care and response of our community. Businesses stepped up to support and make room for one another. Residents showed up with patience, care and encouragement. And city staff immediately began working behind the scenes to help stabilize (establish), plan and find a path forward. That moment became a turning point – not defined by loss, but by resolve. In 2025, Brookings chose not just to recover, but to invest intentionally in our future . For the first time, the City launched Downtown Incentive Programs, reinvesting $140,000 in downtown businesses in 2025. The programs are designed to encourage reinvestment, redevelopment, and long-term vitality. They send a clear message: Brookings believes in its downtown, and we are willing to partner with those who believe in it too. Those downtown incentive programs will reinvest in more businesses in 2026. As our downtown businesses rebuild and reinvest, we are building a stronger identity together. That same spirit of partnership and growth carried into one of the most visible developments in our community – the Marketplace. As we welcome Target, Aldi, and Kwik Star into our community, the Marketplace is not just about retail. It represents confidence in Brookings as a regional hub. It reflects years of planning, infrastructure investment, and strong collaboration between the City, developers, and the private sector. To responsibly and intentionally support growth, over the last couple of years, the City created new Tax Increment Financing districts to encourage workforce housing and sustainable development. This includes the Marketplace, the Branch Creek neighborhood, Trails Head, Solventum Expansion, and the 6th Street Development. In the last three years alone, with these TIF Districts, we’ve been able to add 378 housing units and 86 jobs in our community. With the opening of Interchange 130 in 2023, we are already seeing new opportunities emerge along 20th Street South. In 2025, we welcomed the City’s first Kwik Star and our newest Starbucks to 20th Street South. We’re expanding Brookings in a way that is deliberate, connected, and forward - looking. Growth, however, only works when it’s supported by strong infrastructure – and much of that work happens quietly. Throughout 2025, the City continued its commitment to maintaining and improving the systems that keep our community moving. We completed street maintenance and overlay projects, including the use of slurry sealing, an innovative and cost-effective approach to maintaining our many miles of roadway. We also completed sidewalk improvements, drainage projects, intersection upgrades at 22nd Avenue and 20th Street South, and the addition of a shared-use path along 20th Street South, all the way from Main Avenue to 22nd Avenue. All of these reflect a City that thinks carefully about safety, accessibility, and longevity. At the Brookings Regional Landfill, we continued work on the leachate force main project at the Brookings Regional Landfill and built a new equipment storage building. We also created a new residential drop-off area, making the landfill easier for residents to use. The life of the landfill has been expanded through recycling programs, including our holiday light recycling and our Household Hazardous Waste event. That event broke records with 431 participating vehicles. At the Brookings Regional Airport, the completion of the parallel taxiway and taxi lane extension ensures Brookings remains connected and competitive. This is not flashy work – but it is essential work. We’ve also continued to modernize how the City operates. In 2025, the City updated its annual digital budget book, expanded our online performance dashboards, and implemented new software systems to improve transparency, efficiency, and service delivery. These tools help our residents better understand how Brookings functions and help ensure accountability in how City resources are used. At the same time, we never lose sight of the fact that a city is, ultimately, about people. Our Police Department ramped up its community policing efforts and continued the Citizens First Responder Academy for another year. They also began the process of seeking CALEA accreditation – a nationally recognized standard that reflects professionalism and best practices. We hosted community conversations about the future location of the police station. We also selected the future site for our main fire station – just west of its current location on Third Street. Financing the future locations of these facilities has been top-of-mind for the City Council for many years. The City has reserved $18.5 million to pay for the construction of these important facilities. That’s $18.5 million that now does not need to be financed through increased property taxes for Brookings residents. These decisions are about resiliency and readiness for today and decades from now. Our commitment to sustainability has also continued in meaningful ways. City staff treated and removed ash trees across Brookings to stay ahead of the Emerald Ash Borer. They hosted a prescribed burn at the Dakota Nature Park, and continued stormwater incentive and tree voucher programs. In October, the City also launched a Food Waste Compost Pilot Program in partnership with the State of South Dakota. In only three short months, nearly 7,400 pounds of food waste was collected. We can’t wait to see how much we can collect by next October. We also invested in mobility and access by beginning the Master Transportation Plan, partnering with SDSU students on a solid waste route optimization study, and hosting another successful Spring Bulky Item Pickup event where we collected over 400 tons of waste, metal, and branches. Community life in Brookings remains vibrant and deeply connected. The Brookings Activity Center expanded its membership in 2025. The City took over ownership and operations of the 5th Street Gym – now home to the Brookings Winter Farmers Market – and we continued renovations at the skatepark. In a single summer weekend, our parks system held a record 40,000-plus people in our parks for multiple sporting tournaments and the Brookings Summer Arts Festival. At the Brookings Public Library, over 1,000 readers participated in the summer reading program. The library also received a $120,000 Lowe’s Hometown Grant to improve shelving, furniture, and create a mural. Thousands gathered for concerts, community celebrations, carnivals and events like Uncle Sam Jam at the Dacotah Bank Center – reinforcing that Brookings is a place where people come together. And throughout the year, our staff continued to grow professionally – attending local, state, regional, and national conferences, bringing new ideas and best practices back home to Brookings. Our community also received national recognition again this year, being named #2 Most Affordable College Town in the US, #4 Best Place to Live in South Dakota, #4 Best Place for Young Professionals in South Dakota, and #9 Best College Town in the Midwest. While rankings don’t define us, they do reflect what many already know – that Brookings is a community that invests in quality of life. Finally, I want to recognize the people who make all of this possible – our City departments. Our staff show up every day to keep Brookings running. Their work is thoughtful, professional, and often unseen. They are planners, problem-solvers, and public servants who care deeply about this community. And they understand deeply that what we do is bigger than us. As we look ahead, know that Brookings is not growing by accident. We are expanding intentionally, supporting businesses and people, investing in infrastructure, and planning for the future in a way that reflects our values. The story of Brookings in 2025 is not about a single project or event. It’s about resilience after challenge, innovation through partnership, and steady progress guided by purpose. It’s a story written by a community that shows up, by staff who serve with pride, and by leaders committed to stewarding our community into its next chapter. Thank you for being part of that story, and for continuing to help Brookings grow in a way that we can all be proud of.” FIRST READING – Ordinance 26-006. Introduction and First Reading was held on Ordinance 26-006, an Ordinance Authorizing Budget Amendment No. 10 to the 2025 Budget. Second Reading and Action: March 10, 2026. FIRST READING – Ordinance 26-007. Introduction and First Reading was held on Ordinance 26-007, an Ordinance Authorizing Budget Amendment No. 1 to the 2026 Budget. Second Reading and Action: March 10, 2026. FIRST READING – Ordinance 26-008. Introduction and First Reading was held on Ordinance 26-008, an Ordinance Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting Signs in the Business B-1 Central District. Public Hearing and Action: March 10, 2026. FIRST READING – Ordinance 26-009. Introduction and First Reading was held on Ordinance 26-009, an Ordinance Amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of Brookings. Second Reading and Action: March 10, 2026. On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale Malt License, for KJN Investments LLC, dba Shorty’s Burgers & Brew to be located at 1224 6th Street, Suite A. A motion was made by Council Member Tilton Byrne, seconded by Council Member Specker, that the On-Off Sale Malt License be approved. Public Comment: Kim Dokken-Nelson. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Resolution 26-010. A public hearing was held on Resolution 26 -010, a Resolution authorizing the City Manager to enter into a 10-year On-Sale Wine Operating Agreement with KJN Investments LLC, dba Shorty’s Burgers & Brew, owners Joshua and Kimberly Nelson. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-010 be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 26-010 - ON-SALE W INE OPERATING AGREEMENT – 10-YEAR AGREEMENT: KJN Investments LLC, dba Shorty’s Burgers & Brew BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby approves an Operating Alcohol Management Agreement for Wine between the City of Brookings and owners Joshua and Kimberly Nelson, KJN Investments LLC, dba Shorty’s Burgers & Brew, for the purpose of an alcohol manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1224 6th Street, Suite A. Legal description: Lot 1A, Block 4, Hill Park Addition, City of Brookings, Brookings County, South Dakota. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of 10-years, with a 5-year mid-term renewal. Resolution 26-019. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that Resolution 26-019, a Resolution Amending the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. RESOLUTION 26-019 - RESOLUTION AMENDING THE CONSOLIDATED FEE SCHEDULE WHEREAS, the adopted Municipal Code and City Policies make references to fees charged; and WHEREAS, it is prudent that the fees be reviewed for cost effectiveness. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the following amendment to the Consolidated Fee Schedule: Landfill: Electronics Waste (e-waste) $1.25 per pound Preliminary Plat. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that a Preliminary Plat for Block 1 of South Haven Addition, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Preliminary Plat. A motion was made by Council Member Specker, seconded by Council Member Tilton Byrne, that a Preliminary Plat for Lots 1 & 2 in Block 2, and Lots 1 - 3 in Block 3 of Legacy Addition, be approved. The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Sales Tax Incentive Grant – Sequitor Edge LLC. A motion was made by Mayor Niemeyer, seconded by Council Member Wendell, that a Sales Tax Incentive Grant for Sequitor Edge LLC, be approved. Public Comment: Greg Jorgenson. The motion failed by the following vote: No: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Progress Report. Samantha Beckman, Assistant to the City Manager, provided a progress report highlighting the City’s initiatives and projects. City Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Specker, seconded by Council Member Tilton Byrne, to direct city staff to review residential noise ordinances (not industrial). The motion carried by the following vote: Yes: 7 - Avery, Doran, Hager, Niemeyer, Specker, Tilton Byrne, and Wendell. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that this meeting be adjourned at 8:00 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Volunteer List – as per Resolution 16-025 (Addendum to the February 13, 2024 City Council Minutes.) Brookings City Library Volunteers – Updated February 2026: Elise Fornia – NEW – Effective 02/24/2026, Cheryl Riley, Sarah Schultz, Diane Smart, Taryn Yttrie; Brookings City Fire Department Volunteers: Major Anderson, Preston Anderson, Kevin Banken, Alex Berkness, Derek Brown, Dan Bruna, Nick Casstevens, Tom Coughlin, Mandi Cramer, Roger DeBates, Scott Hallan, Bill Hardin, Drew Harding, Marty Hendricks, Troy Herrig, Justin Heyer, Kevin Hilmoe, Dalton Holm, Dave Koch, Jim Kriese, Brett Lawrence, Brandon Long, Garrett Mann, Logan Melberg, Gatlin Miller, Nick Oines, Steven Rensink, Connor Ringling, Tim Rynearson, Peyton Schaeffer, Rob Schuneman, Jesse Seas, Joseph Sheeley, Lucas Speakman, Curt Teal, Anthony Teesdale, Adam Vaux, Nicholas Voichahoske, Rainer Westall. Brookings City Park & Recreation Volunteers: Matthew Albritton, Tynna Bain, Matthew Bowman, Cody Burggraff, Samuel Clement, Woodrow Dahl, Travis Erickson, Matthew Filed, Nathan Harrington, Nathan Hilbrands, Dillon Howe, Matthew Hupf, Cameron Jones, Brandon Karels, Connor Landberg, Bo McCloud, Chad Nicola, Cody Miller, Lisa Robinson, Seth Sayler, Joseph Schumacher, Christina Silva, Andrew Wright, Nicole Yseth. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0104,Version:1 Action on Temporary Alcohol / Special Event Alcoholic Beverage Licenses from existing alcohol license holders. Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License requests from existing alcohol license holders. Attachments: Memo SDCL References City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: March 10, 2026 Subject: Special Event / Temporary Alcoholic Beverage License Requests Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Staff recommends approval of Special Event Alcoholic Beverage License request s for existing on-sale alcoholic beverage license holders. Item Details: South Dakota Codified Law (SDCL 35-4-124) states special event / temporary alcoholic beverage licenses require action by the governing body for all Temporary Alcoholic Beverage License Applications. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on -sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on -sale alcoholic beverage license. Licenses issued are event specific. The event duration cannot exceed 15 days. Staff requests approval for the following special event / temporary alcoholic beverage license from:  Sodexo Catering (License Holder RB-28249 and RW -28251): o SDSU TL26-035 (5/1/2026) – College of Natural Sciences Mixer (SDSU – Dana J Dykhouse Stadium – Club 71) o SDSU TL26-036 and 37 (4/7/2026) – Daschle Dialogues (First Bank & Trust Arena & Dakota Layers Deck) o SDSU TL26-038 and 39 (3/19-26/2026) – NCAA Tournament (First Bank & Trust Arena & Dakota Layers Deck) o SDSU TL26-040 (4/1/2026) – First Bank & Trust Panel Board Members Event (FB&T Arena) o SDSU TL26-041 (3/27-29/2026) – Jackrabbit Softball (Jackrabbit Softball Field) Legal Consideration: None Strategic Plan Consideration: Fiscal Responsibility – Action to approve special event / temporary alcoholic beverage licenses keeps the process transparent in the amount of revenue generated and the number of licenses issued annually. Financial Consideration: Special Event / Temporary Alcoholic Beverage License Fee: $50 / event date NOTE: event date can be up to 15 days in length. Supporting Documentation: State Law References 35-4-124. Special alcoholic beverage licenses--Special events. Any municipality or county may issue: 1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; 2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant; 3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; 4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery licensee; 5) A special off-sale package wine dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; 6) A special off-sale package malt beverage dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization; or 7) A special off-sale package dealers license in conjunction with a special event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization. The municipality or county may issue a license under this section for a time not to exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county, or holds an operating agreement for a municipal on-sale alcoholic beverage license. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13, 2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1; SL 2024, ch 149, § 1. SDCL 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier. A person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0087,Version:1 Presentation: City of Brookings Employee Service Awards Recognition. Summary: There were 31 City of Brookings employees and Volunteer Firefighters recognized with Service Awards in 2025. These employees will not be present at the City Council meeting. Attachments: Longevity List City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ 2025 Longevity Awards by Department Community Development  Jared Thomas - 10 Years of Service  Aaron Karl - 5 Years of Service  Ryan Miller - 5 Years of Service Fire Department  Jared Runge - 5 Years of Service IT and Finance  Don Goff - 5 Years of Service  Ashley Rentsch - 5 Years of Service  Kweku Kponyoh (Poh-nyoh) - 10 Years of Service Library  Betsy Lenning - 30 Years of Service  Nita Gill - 15 Years of Service Liquor Store  Bill Heldt - 5 Years of Service  Brian Hanson - 10 Years of Service Parks, Recreation, & Forestry  Mark Bren -15 Years of Service  Greg Redenius - 10 Years of Service  Stephen Hartung - 10 Years of Service Police Department  Drew Garry - 15 Years of Service  Josh Schneider - 15 Years of Service  Kyle Johnson - 5 Years of Service  Luke DeJong - 10 Years of Service  Jorrie Hart - 10 Years of Service Public Works  Lana Schwartz –15 Years of Service Solid Waste Division  Brian Klingbile - 15 Years of Service Street Division  Eric Hanson - 10 Years of Service  Jeremy Janssen - 10 Years of Service Fire Department - Volunteer Fire Fighters  Curt Teal – 35 Years of Service  Jeremy Scott – 25 Years of Service  Daniel Bruna – 25 Years of Service  Kevin Hilmoe – 15 Years of Service  Robert Schuneman – 10 Years of Service  Dalton Holm – 10 Years of Service  Connor Ringling – 5 Years of Service  Shannon Stuefen – 5 Years of Service City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0102,Version:1 Report: SDSU Student Association. Summary: SDSU SA Government Affairs Chair, Anna Hundt, will provide an update on SDSU happenings to the City Council and members of the public. My name is Anna Hundt. I am from Cashton, Wisconsin just outside of La Crosse. I am a sophomore at SDSU studying Political Science and History with a Legal Studies minor and a Pre- Law track. I am currently on track to graduate in December of 2027. I hope to attend law school back in Wisconsin after I graduate to practice estate, LLC, and land law as an attorney. Though not originally from South Dakota, I was able to serve as an intern for the South Dakota Legislature for their 100th session. I served under Representative Bethany Soye in the House of Representatives. I enjoyed my time there thoroughly and hope to return in some capacity throughout my undergraduate career. At SDSU, I am involved in the Political Science Club, Pre-Law Society, the Newman Centr, Honors College, and currently serve as the Treasurer of College Republicans. The Students' Association is comprised of all General Activity Fee-paying students at South Dakota State University. The Students' Association Senate is the official student government organization at SDSU, consisting of 26 senators representing each of the academic colleges and the student body president and vice president. The Students' Association Senate serves as a representative body to bring the voice of SDSU students to university administration, faculty, staff, state legislators and the South Dakota Board of Regents of Higher Education. The Students' Association also allocates student fee funds to support various campus entities, facilities and many student organizations. SDSU SA Website:<https://www.sdstate.edu/students-association> City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0103,Version:1 Reports: City Council Ex-Officio Reports Summary: City Council Members, serving as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board, will provide verbal reports regarding recent meetings they have attended at the first City Council meeting of the month. Brookings Municipal Utility Board: 1.Council Member Wayne Avery 2.Council Member Bonny Specker Brookings Health Systems Board of Trustees: 1.Council Member Brianna Doran 2.Council Member Lisa Hager City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 26-0088,Version:1 Discussion and Possible Action on the 2026 Outside Agency Funding Recommendations. Summary and Recommended Action: The 2026 outside agency funding recommendations are presented to the City Council for final action. Approximately $274,254 was budgeted for social service agencies. Staff recommends approval. Attachments: Memo 2026 Funding Recommendation City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Paul Briseno, City Manager Council Meeting: February 24, 2026 Subject: 2026 Outside Agency Funding Recommendations Presenter: Paul Briseno, City Manager Heidi Gullickson, United Way Director Summary: The 2026 outside agency funding recommendations are presented to the City Council for final action. Approximately $274,254 was budgeted for social service agencies. Staff recommends approval. Item Details: Annually, the City Council commits a portion of the budget to outside agency funding based on policy. The Council approved $274,254 in the 2026 budget for outside agency funding. The increase from the 2025 funding level of $263,715 meets the requirements of the City Council funding of outside agencies. The 2026 City funding request for social service agencies is $424,500 from 15 local agencies. Each agency’s request and recommended funding levels are attached to this document. The United Way committee reviewed applications, and an impact rubric assisted in providing a recommendation. Food security and rental assistance were prioritized this past year based on community need. Legal Consideration: There are no legal considerations at this time. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service.  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: The Council budgeted $274,254 for social services efforts. Supporting Documentation: 2026 Funding Recommendation Amount to allocate 2026 Amount to allocate 2025 BATA Transportation $98,000 $96,810 $87,500 $120,000 $90,000 Brookings Area Crime Stoppers Safety $600 $500 $1,000 $1,000 $1,000 Habitat for Humanity Affordable Housing $9,800 $9,500 $6,000 $20,000 $6,500 Boys & Girls Club of Brookings Youth Development $60,500 $59,325 $52,500 $85,000 $58,000 Great After School Place Youth Development $3,900 $3,100 $8,000 $20,000 $12,000 Brookings County Youth Mentoring Youth Development $5,900 $5,700 $5,700 $8,000 $6,000 Domestic Abuse Shelter Health $13,700 $13,000 $15,000 $5,000 $5,000 E.C. CASA Health $1,900 $1,700 $2,000 $5,000 $3,250 Brookings Backpack Project Health $11,800 $11,500 $9,500 $10,000 $10,000 Food Pantry Health $14,500 14,200 $12,500 Feeding Brookings Health $14,500 14,200 $12,500 $26,000 $15,000 Brookings Behavioral Health & Wellness Health $14,250 $15,000 $50,000 $19,500 Avera Behavioral Health Health $14,680 $14,250 $15,000 $40,000 $19,500 Lutheran Social Services Health $2,700 $1,500 $4,500 $2,004 Harvest Table Health $5,000 $10,000 $7,500 Salvation Army Health $15,000 $20,000 $19,000 Total $252,480 $258,035 $263,700 $424,500 $274,254 Agency Name/Program Impact Area 2025 Funding 2026 Funding Request BAUW 2026 Recommendation 2023 Funding 2024 Funding $ 274,254 $ 263,715 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-010,Version:2 Second Reading and Action on Ordinance 26-010, an Ordinance to revise Chapter 62 Division 3. Dead, Dying, Diseased or Infested Trees. Summary and Recommended Action: The proposed Tree Ordinance revisions modernize the code by expanding its focus from Dutch Elm Disease and Emerald Ash Borer to a broader urban forest health framework. The updates allow the City to address dead, dying, diseased, or infested trees of any species, providing flexibility to respond to emerging pests and public safety concerns. These changes maintain existing cost recovery procedures while strengthening our ability to proactively protect Brookings’ urban forest and public infrastructure. Attachments: Memo Ordinance - clean Ordinance - marked City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Kristin Zimmerman, Parks, Recreation and Forestry Director Council Meeting: March 10, 2026 / March 24, 2026 Subject: Ordinance 26-010: revise Chapter 62 Division 3. – Dead, Dying, Diseased or Infested Trees Presenter: Kristin Zimmerman, Parks, Recreation and Forestry Summary and Recommended Action: The proposed Tree Ordinance revisions modernize the code by expanding its focus from Dutch Elm Disease and Emerald Ash Borer to a broader urban forest health framework. The updates allow the City to address dead, dying, diseased, or infested trees of any species, providing flexibility to respond to emerging pests and public safety concerns. These changes maintain existing cost recovery procedures while strengthening our ability to proactively protect Brookings’ urban forest and public infrastructure. Item Details: The proposed revisions modernize the Tree Ordinance by expanding its focus beyond Dutch Elm Disease and Emerald Ash Borer to address dead, dying, diseased, or infested trees of any species that may pose a threat to public safety or the health of the urban forest. The updated language broadens the definition of public nuisance, allowing the City to respond to emerging pests, pathogens, and environmental stressors rather than being limited to specific species. This is particularly timely as the Brookings community is seeing signs of Pine Wilt, reinforcing the need for a more comprehensive and flexible regulatory framework. Inspection authority is clarified to allow review of any reported or suspected hazardous tree, and notice requirements for private property are streamlined to allow for a reasonable timeframe for compliance based on the severity of the condition. The revisions also update abatement procedures to emphasize preventing the spread of current and future threats, remove outdated references to specific diagnostic processes, and maintain the City’s authority to recover costs for work performed when property owners fail to comply. Cost responsibility remains unchanged, with the City covering trees in the public right-of-way and private property owners responsible for nuisances on private property. Overall, these changes provide clearer authority, greater flexibility, and a more proactive framework for protecting Brookings’ urban forest, public safety, and infrastructure. The Parks and Recreation Advisory Board has reviewed the recommended changes and are supportive. Legal Consideration: City Attorney has reviewed Ordinance Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Sustainability – The City of Brookings will meet environmental, community and economic desires and needs without compromising future generations’ quality of life by strategically planning, implementing and maintaining infrastructure and facilities. Financial Consideration: No additional financial impacts Supporting Documentation: Ordinance - clean Ordinance - marked ORDINANCE 26-010 AN ORDINANCE TO CHANGE THE PARKS, RECREATION, VEGETATION AND FORESTRY WITHIN THE CITY OF BROOKINGS BE IT ORDAINED by the governing body of the City of Brookings, South Dakota: DIVISION 3. – DEAD, DYING, DISEASED OR INFESTED TREES Sec. 62-161. - Declaration of policy. The city council has determined that the health of the urban forest within the city is increasingly threatened by a variety of pests, pathogens, and environmental stressors. The loss of trees growing upon public and private property would significantly depreciate property values and impair the general welfare of the public. It is the policy of the city to control and prevent the spread of harmful tree diseases, infestations, and other conditions that contribute to declining tree health. This division is adopted for that purpose. Sec. 62-162. - Public nuisances declared. The city council declares the following to be public nuisances: A. Any living or standing tree, or part thereof, which is dead, dying, diseased, or infested in a manner that poses a threat to public safety or may contribute to the spread of pests or disease. B. Any dead tree or part thereof, including logs, branches, stumps, firewood, or other woody material from which bark has not been removed and properly disposed of or treated to mitigate pest or disease risk. Sec. 62-163. - Nuisances not permitted to remain. No person may permit any public nuisance as defined in this division to remain on the premises owned or controlled by them within the city. (Code 1996, § 26-62) Sec. 62-164. - Inspection. The director of parks, recreation and forestry or designee is authorized to inspect all premises within the city to determine whether any tree constitutes a public nuisance as defined in this division. Trees may be subject to inspection if reported or suspected to be dead, dying, diseased, or infested, regardless of species. (Code 1996, § 26-63) Sec. 62-165. - Abatement of nuisances upon public property. If the director or designee determines with reasonable certainty that a public nuisance exists within the city upon any public street, alley, park or other public place, including the strip of property between the curb and lot line, the director or designee shall cause it to be removed and burned or shall otherwise abate the nuisance. (Code 1996, § 26-64) Sec. 62-166. - Abatement of nuisances on private property. C:\ord\chgzoncy.doc If the director or designee determines with reasonable certainty that a public nuisance exists on private property, the director or designee shall provide notice to the property owner or occupant to abate such nuisance within a reasonable timeframe. Sec. 62-167. - Determination of disease. If the director is unable to determine with certainty whether a tree is dead, diseased, or infested, they may collect and submit specimens for professional evaluation. Actions may proceed upon confirmation of a hazardous condition. Sec. 62-168. - Abatement by the city. If the owner, agent, or occupant of the property upon which any tree-related nuisance exists—including but not limited to those involving dead, diseased, or infested trees—fails to abate such nuisance within the time specified in the notice to abate, the director of parks, recreation and forestry shall cause the nuisance to be removed or otherwise abated. Sec. 62-169. - Effect of abatement. Any abatement made under the provisions of this division shall be conducted in a manner that prevents or limits the spread of tree pests, diseases, or infestations, including known and emerging threats. The goal of such abatement shall be to preserve the overall health of the urban forest and safeguard public and environmental well-being. Sec. 62-170. - Assessment of cost of abatement. The cost of abating any public nuisance shall be borne as follows: A. The entire cost of any abatement of a public nuisance consisting of diseased trees or any part thereof on any public street, alley, park or other public place, including the strip of property between curb and lot line, shall be borne by the city. If a tree is located on the property line between the public property and private property, the entire cost of abatement shall be borne by the city. B. The cost of any abatement of a public nuisance on any private property shall be borne by the owner of the property and shall be collected or assessed against such property as provided in this division or in accordance with other assessment procedures in this Code for collection of costs of the abatement of a public nuisance. If any part of a tree constituting a nuisance under this division is located on a property line between two private owners, the owners of the property on either side of such line shall share equally in the cost of abatement. Sec. 62-171. - Reporting of costs. The director of parks, recreation and forestry shall keep accurate records of the cost of work performed under this division for which assessments are to be made, stating the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each. The director of parks, recreation and forestry shall include in a report to the city manager the aggregate amount chargeable to each lot or parcel, and such amount shall be collected from the property owner or occupant, or levied and assessed against such parcels or lots. In lieu of spreading the cost of the abatement of the nuisance against such C:\ord\chgzoncy.doc property, such amount may also be recovered by a civil action against the owner or occupant of such property. FIRST READING: March 10, 2026 SECOND READING AND ADOPTION: March 24, 2026 PUBLISHED: CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk DIVISION 2. - TREES ON PUBLIC PROPERTY[PROPERTY [4] Footnotes: --- (4) --- Cross reference— Streets, sidewalks and other public places, ch. 74. Sec. 62-126. - Purpose of control. It is declared to be the policy of the city to regulate and control the planting, transplanting, removal, maintenance and protection of public trees and shrubs in the city in order to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or property of the city, to promote and enhance the beauty and general welfare of the city, and to prevent damage to any public sewer or water main, street, sidewalk or other public area from undesirable and unsafe planting, removal and maintenance practices. (Code 1996, § 26-40) Sec. 62-127. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings provided in this section, except where the context clearly indicates a different meaning: Boulevard means - the land between the normal location of the street curbing and sidewalk. Public trees and shrubs - means all trees or shrubs planted or to be planted on any park, playground or other property which is owned or controlled by the city, or on any public street, alley, sidewalk or highway within the public right-of-way, but shall not include trees and shrubs located at school sites. (Code 1996, § 26-41) Cross reference— Definitions generally, § 1-2. Sec. 62-128. - Enforcement of division provisions. The park, recreation and forestry department shall be responsible for the enforcement of this division. (Code 1996, § 26-42) Sec. 62-129. - Interference. No person may prevent, delay or interfere with the park and recreation advisory board, or its agents or employees while they are performing any work or activities. (Code 1996, § 26-43) Sec. 62-130. - Street tree plan adopted. The park and recreation advisory board is directed to design and establish a plan for the orderly development of boulevards along the city streets to reduce conflicts with other public uses of the boulevard and streets, to facilitate care of the city's trees, and to make this city a more attractive one in which to live. The plan shall designate the species of trees for each street and shall take into consideration the mature size and requirements of the species, the width of the boulevard, the depth of setback of Formatted: Font: (Default) Times New Roman Formatted: Heading 2 Formatted: Footer distance from edge: 0.38", Different first page header Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing Formatted: Font: 11 pt, Bold, (Intl) Times New Roman Formatted: Font: 11 pt, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: 11 pt, Bold, (Intl) Times New Roman Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing, Indent: First line: 0.5" Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing, Indent: Left: 0.5", Space Before: 0 pt, After: 0 pt Formatted: Font: (Default) Times New Roman Formatted: Indent: Left: 0.5" Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: 11 pt, Bold, (Intl) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: 11 pt, Bold, (Intl) Times New Roman Formatted: No Spacing Formatted: Font: 11 pt, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 4908-2295-6685, v. 1 Formatted: Line spacing: Exactly 9 pt buildings, location of streetlights, safety signals and signs, existing desirable trees and any other site factors. (Code 1996, § 26-45) Sec. 62-131. - Clearance for traffic. All large established trees shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular traffic and in such a manner to allow ten feet clearance over sidewalks and 12 feet clearance over all streets; provided, however, that trees along arterial and collector streets shall be trimmed to allow clearance of at least 16 feet. (Code 1996, § 26-46) Sec. 62-132. - Tree planting. Should any owner of adjacent property desire to plant a tree on any boulevard, permission shall first be obtained from the department of parks, recreation and forestry for the species, size of tree and proposed planting location. (Code 1996, § 26-48) Sec. 62-133. - Permission required. (a) A. No person, except upon order of the park and recreation advisory board may plant, transplant, move, spray, brace, trim, prune, cut above or below the ground, disturb, alter or do surgery on any public tree or shrub within the city or cause such acts to be done by others without first obtaining permission for such work from the director of parks, recreation and forestry. This section shall not apply to city employees or their agents. A. (b) B. If the director of parks, recreation and forestry determines that the proposed work or planting described in any application is necessary and in accord with the purposes of this division, permission shall be granted. (Code 1996, § 26-49) Sec. 62-134. - Regulation of public utilities. The department of parks, recreation and forestry staff shall meet as necessary with a representative designated by Brookings Municipal Utilities to discuss clearance practices, and particularly concerning any existing practices the board determines require improvement. (Code 1996, § 26-50) Sec. 62-135. - Order to preserve or remove. (a) A. Authority:. The park and recreation advisory board shall have the authority to order the trimming, preservation and removal of trees or plants upon private property when it shall find such action necessary for public safety or to prevent the spread of disease or insects to public trees. A. (b) B. Procedure:. If the director of parks, recreation and forestry finds it necessary to order the trimming, preservation or removal of trees or plants upon private property, a written order to correct the hazardous condition shall be provided to the owner, operator, occupant or other person responsible for its existence. Such order may be provided to any or all of such persons. B. Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 4908-2295-6685, v. 1 Formatted: Line spacing: Exactly 9 pt (c) C. Time for compliance:. The order to preserve or remove hazardous trees or plants shall set forth a time limit for compliance, dependent upon the hazardous condition. In cases of extreme danger to persons or public property, the director of parks, recreation and forestry shall have the authority to require compliance immediately upon service of the order to correct the hazardous condition. C. (d) D. Appeal of order:. A person to whom an order to preserve or remove trees or plants is directed shall have the right, within three days of receipt of such order, to appeal the order to the city manager, who shall promptly set a date for hearing the appeal and give notice of hearing to the person appealing. Upon such hearing and review, the city manager may affirm, modify or revoke the order of the director of parks, recreation and forestry. Unless the order is revoked or modified, it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order later than five days following the determination of the appeal. D. (e) E. Failure to comply:. If a person to whom an order is directed to preserve or remove trees or plants shall fail to comply within the specified time, the director of parks, recreation and forestry may remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order was directed. The person directed to remedy the condition is authorized to enter upon the lot for that purpose. E. (f) F. Special assessment:. If the cost of remedying a condition for which an order to preserve or remove trees or plants was issued is not paid within 30 days after receipt of a statement therefor, such cost may be collected by civil action or may be levied as a special assessment against the property upon which such condition existed. The levying of a special assessment shall not preclude the city from also proceeding with a complaint for the violation of this division. (Code 1996, §§ 26-51—26-56) Secs. 62-136—62-160. - Reserved. DIVISION 3. -– DUTCH ELM DISEASE AND EMERALD ASH BORERDEAD, DYING, DISEASED OR INFESTED TREES Sec. 62-161. - Declaration of policy. The city council has determined that the health of the urban forest within the city is increasingly threatened by a variety of pests, pathogens, and environmental stressors. The loss of trees growing upon public and private property would significantly depreciate property values and impair the general welfare of the public. It is the policy of the city to control and prevent the spread of harmful tree diseases, infestations, and other conditions that contribute to declining tree health. This division is adopted for that purpose.The city council has determined that the health of the elm and ash trees within the city is threatened by Dutch Elm Disease and the Emerald Ash Borer. It has further determined that the loss of elm and ash trees which are growing upon public and private property would depreciate the value of property within the city and impair the general welfare of the public. It is the policy of the city to control and prevent the spread of these diseases, and this division is adopted for that purpose. (Code 1996, § 26-60) Sec. 62-162. - Public nuisances declared. Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman, Bold Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing Formatted: Font: (Default) Times New Roman, Highlight Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: Font: (Default) Times New Roman, Highlight Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: No Spacing 4908-2295-6685, v. 1 Formatted: Line spacing: Exactly 9 pt The city council declares the following to be public nuisances: A. Any living or standing tree, or part thereof, which is dead, dying, diseased, or infested in a manner that poses a threat to public safety or may contribute to the spread of pests or disease. Any dead tree or part thereof, including logs, branches, stumps, firewood, or other woody material from which bark has not been removed and properly disposed of or treated to mitigate pest or disease risk.The city council declares the following to be public nuisances: B. (1) Any living or standing elm tree or ash tree or part thereof infected with the Dutch Elm Disease, Ceratocystis ulmi, or which harbors the European Elm Bark Beetle, Scolytus multistriatus (Eichb.) and/or the American Elm Bark Beetle, Hylurgopinus rufipes (Marsh.) or the Emerald Ash Borer. (2) Any dead elm or ash tree or part thereof including logs, branches, stumps, firewood or other elm or ash material from which the bark has not been removed and burned or sprayed with an effective European Elm Bark Beetle or Emerald Ash Borer insecticide. (Code 1996, § 26-61) Sec. 62-163. - Nuisances not permitted to remain. No person may permit any public nuisance as defined in this division to remain on the premises owned or controlled by them within the city. (Code 1996, § 26-62) Sec. 62-164. - Inspection. The director of parks, recreation and forestry or designee is authorized to inspect all premises within the city to determine whether any tree constitutes a public nuisance as defined in this division. Trees may be subject to inspection if reported or suspected to be dead, dying, diseased, or infested, regardless of species.The director of parks, recreation and forestry or designee is authorized to inspect all premises and places within the city at least twice each year to determine whether any public nuisance as defined in this division exists, and shall also inspect any elm and ash tree reported or suspected to be infected with the Dutch Elm Disease or Emerald Ash Borer or any elm or ash bark bearing material reported or suspected to be infected with either species of the Elm Bark Beetles or the Emerald Ash Borer. (Code 1996, § 26-63) Sec. 62-165. - Abatement of nuisances upon public property. If the director or designee determines with reasonable certainty that a public nuisance exists within the city upon any public street, alley, park or other public place, including the strip of property between the curb and lot line, on private property, the director or designee shall cause it to be removed and burned or shall otherwise abate the nuisance.provide notice to the property owner or occupant to abate such nuisance within a reasonable timeframe. If the director of parks, recreation and forestry or designee determines, upon inspection, that a public nuisance involving Dutch Elm Disease or Emerald Ash Borer exists within the city upon any public street, alley, park or other public place, including the strip of property between curb and lot line, they shall immediately cause it to be removed and burned or shall otherwise abate the nuisance. (Code 1996, § 26-64) Sec. 62-166. - Abatement of nuisances on private property. If the director or designee determines with reasonable certainty that a public nuisance exists on private property, the director or designee shall provide notice to the property owner or occupant to abate such nuisance within a reasonable timeframe. of parks, recreation and forestry or designee, upon inspection, shall determine with reasonable certainty that a public nuisance involving Dutch Elm Disease or Emerald Formatted: Font: (Default) Times New Roman, Highlight Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: No Spacing Formatted: Font: (Default) Times New Roman, Highlight Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: No Spacing Formatted: Font: (Default) Times New Roman, Highlight Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Highlight Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: No Spacing Formatted: Font: (Default) Times New Roman, Highlight Formatted: No Spacing, Space Before: 0 pt, After: 0 4908-2295-6685, v. 1 Formatted: Line spacing: Exactly 9 pt Ash Borer exists in or upon private premises within the city, the director shall promptly provide notice, either personally or by first class or certified mail, upon the owner or agent of such owner of such property, if either can be located, or upon the occupant thereof, a notice to abate such nuisance within 15 days of service of the notice. (Code 1996, § 26-65) Sec. 62-167. - Determination of disease. If the director is unable to determine with certainty whether a tree is dead, diseased, or infested, they may collect and submit specimens for professional evaluation. Actions may proceed upon confirmation of a hazardous condition.If the director of parks, recreation and forestry or designee is unable to determine with reasonable certainty whether or not a tree which is located upon private premises is infected with Dutch Elm Disease or Emerald Ash Borer, the director or designee is authorized to remove or cut specimens from the tree, and shall forward such specimens for diagnosis and report to the Plant Pathology Department of South Dakota State University and may proceed as provided in this division upon receipt of a report indicating the existence of disease. (Code 1996, § 26-66) Sec. 62-168. - Abatement by the city. If the owner, agent, or occupant of the property upon which any tree-related nuisance exists—including but not limited to those involving dead, diseased, or infested trees—fails to abate such nuisance within the time specified in the notice to abate, the director of parks, recreation and forestry shall cause the nuisance to be removed or otherwise abated. If the owner, agent or occupant of the property upon which any nuisance exists which involves Dutch Elm Disease or Emerald Ash Borer fails to abate such nuisance within the time specified in the notice to abate, the director of parks, recreation and forestry shall cause the nuisance to be removed or otherwise abated. (Code 1996, § 26-67) Sec. 62-169. - Effect of abatement. Any abatement made under the provisions of this division shall be conducted in a manner that prevents or limits the spread of tree pests, diseases, or infestations, including known and emerging threats. The goal of such abatement shall be to preserve the overall health of the urban forest and safeguard public and environmental well-being. Any abatement made under the provisions of this division shall be made in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease and Emerald Ash Borer or the insect pests or vectors known to carry the disease fungus. (Code 1996, § 26-68) Sec. 62-170. - Assessment of cost of abatement. The cost of abating any public nuisance shall be borne as follows: (1) A. The entire cost of any abatement of a public nuisance consisting of diseased trees or any part thereof on any public street, alley, park or other public place, including the strip of property between curb and lot line, shall be borne by the city. If a tree is located on the property line between the public property and private property, the entire cost of abatement shall be borne by the city. A. (2) B. The cost of any abatement of a public nuisance on any private property shall be borne by the owner of the property and shall be collected or assessed against such property as provided in this division or in accordance with other assessment procedures in this Code for collection of costs of Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman, Bold, Highlight Formatted: No Spacing Formatted: Font: (Default) Times New Roman, Highlight Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Highlight Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Highlight Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: No Spacing, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 4908-2295-6685, v. 1 Formatted: Line spacing: Exactly 9 pt the abatement of a public nuisance. If any part of a tree constituting a nuisance under this division is located on a property line between two private owners, the owners of the property on either side of such line shall share equally in the cost of abatement. (Code 1996, § 26-69) Sec. 62-171. - Reporting of costs. The director of parks, recreation and forestry shall keep accurate records of the cost of work performed under this division for which assessments are to be made, stating the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each. The director of parks, recreation and forestry shall include in a report to the city manager the aggregate amount chargeable to each lot or parcel, and such amount shall be collected from the property owner or occupant, or levied and assessed against such parcels or lots. In lieu of spreading the cost of the abatement of the nuisance against such property, such amount may also be recovered by a civil action against the owner or occupant of such property. (Code 1996, § 26-70) Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: Font: (Default) Times New Roman, Bold Formatted: No Spacing Formatted: Font: (Default) Times New Roman Formatted: No Spacing, Space Before: 0 pt, After: 0 Formatted: No Spacing City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-006,Version:2 Second Reading and Action on Ordinance 26-006, an Ordinance Authorizing Budget Amendment No. 10 to the 2025 Budget. Summary and Recommended Action: Staff recommends approval of Budget Amendment #10 to the 2025 Budget. This amendment authorizes appropriate budget authority for expenditures in the governmental funds to close out 2025. Attachments: Memo Ordinance City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-006: Amendment No. 10 to the 2025 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of Budget Amendment #10 to the 2025 Budget . This amendment authorizes appropriate budget authority for expenditures in the governmental funds to close out 2025. Item Details: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational and capital needs. This amendment increases budget authority in the five following areas, which have adequate revenues to offset increases in expenditures:  City Attorney - $45,000 o Contracted with a new firm in 2025, leading to adjusted fee structure and service needs.  Human Resources - $41,000 o Increased unemployment claims (Reimbursed by Brookings Health System) o Salary & Benefits Survey o Recruiting expense – particularly Deputy City Manager, Police and Fire Department positions. o Employee conferences, training, and increased tuition assistance usage  Community Development - $25,000 o Reconfiguration of positions and Associate Planner added in 2025  Parks, Recreation & Forestry – Net $0 o Reconfiguration of positions in this department due to staff retirements and other factors resulted in reducing the regular pay budget in Parks, while increasing Forestry and Larson Ice Center.  Appropriations/Subsidies - $13,000 o Additional legal fees associated with the parking lot purchase.  Dacotah Bank Center - $29,614.60 o Operating budget shortfall for 2025 to be transferred from 3B Fund. Legal Consideration: Per SDCL 9-21-7, supplemental appropriations are allowed and necessary when funds are available and are required to meet expenditure obligations. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This ordinance increases budget authority for expenditures by $153,614.60. Supporting Documentation: Ordinance ORDINANCE 26-006 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 10 TO THE 2025 BUDGET BE IT ORDAINED by the City of Brookings, South Dakota: WHEREAS State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 2025 budget: Dept. / Fund Budgetary Account Account Description Increase / (Decrease) Amount City Attorney 101-412-5-422-07 Contracted Services $45,000.00 Human Resources 101-414-5-421-05 Unemployment Claims $ 6,200.00 Human Resources 101-414-5-422-03 Consulting Expense $ 7,200.00 Human Resources 101-414-5-422-21 Recruiting Expense $11,200.00 Human Resources 101-414-5-427-02 Registration & Training $ 8,800.00 Human Resources 101-414-5-429-16 Employee Development $ 7,600.00 Community Development 101-418-5-101-00 Community Development $25,000.00 Parks 101-452-5-101-00 Regular Pay ($69,000.00) Larson Ice Center 101-453-5-101-00 Regular Pay $31,000.00 Forestry 101-454-5-101-00 Regular Pay $38,000.00 Appropriations / Subsidies 101-495-5-856-68 Other $13,000.00 Dacotah Bank Center 224-000-6-700-13 Transfer In $29,614.60 3B 284-000-7-899-03 Transfer Out $29,614.60 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-007,Version:2 Second Reading and Action on Ordinance 26-007, an Ordinance Authorizing Budget Amendment No. 1 to the 2026 Budget. Summary and Recommended Action: Staff recommends approval of Budget Amendment #1 to the 2026 Budget. The budget amendment will allow carry forward budget authority and surplus funds from 2025 for expenses to be incurred in 2026. Attachments: Memo Ordinance Detail by Account City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-007: Budget Amendment #1 to the 2026 Budget Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of Budget Amendment #1 to the 2026 Budget. The budget amendment will allow carry forward budget authority and surplus funds from 2025 for expenses to be incurred in 2026. Item Details: City of Brookings staff continually monitors departmental budgets and brings amendments to the City Council as necessary to account for circumstances not anticipated in the originally adopted appropriation ordinance. This ensures compliance with state and local laws and maintains transparency regarding the City’s operational and capital needs. This ordinance carries forwards 2025 budgeted amounts for expenses to be incurred in 2026, due to project timing or surplus allocation to account for pricing changes or priority initiatives. A budget transfer from the General Fund to the Fire Facility Capital Project Fund will account for the entire estimated project price. These funds are General Fund reserves designated for City Council Financial Policy Projects . A transfer from the 2nd Penny Sales Tax / Capital Improvement Plan Fund to the Dacotah Bank Center fund accounts for unused capital funds in 2025 to be carried forward for use in 2026. The attached detail by account provides additional information regar ding the projects and initiatives included in this amendment. Legal Consideration: Per SDCL 9-21-7, supplemental appropriations are allowed and necessary when funds are available and are required to meet expenditure obligations. Strategic Plan Consideration:  Fiscal Responsibility – The City of Brookings will responsibly manage resources through transparency, efficiency, equity, and exceptional customer service. Financial Consideration: This ordinance carries forward previously budgeted amounts and budget surplus and impacts the various types of funds in the 2025 Budget as follows:  General Fund Expenditure Increase: $1,565,209.00  General Fund Revenue Increase: $547,840.80  CIP Fund Expenditures Increase: $3,199,364.31  Special Revenue Funds Expenditures Increase: $1,108,329.88  Capital Project Funds Expenditures Increase: $7,177,884.30  Capital Project Funds Revenues Increase: $316,215.00  Enterprise Funds Expenditures increase: $313,520.00 Supporting Documentation: Ordinance Detail by Account ORDINANCE 26-007 AN ORDINANCE AUTHORIZING BUDGET AMENDMENT NO. 1 TO THE 2026 BUDGET BE IT ORDAINED by the City of Brookings, South Dakota: WHEREAS, State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it comes due. NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager be authorized to make the following budget adjustments to the 2026 budget: General Fund Department Budgetary Account Account Description Budget Increase Non-Departmental Expense 101-405-5-422-03 Consulting Expense $256,880.00 Human Resources 101-414-5-422-03 Consulting & Engineering $ 15,000.00 Human Resources 101-414-5-422-07 Contracted Services $ 10,000.00 Information Technology 101-416-5-421-00 Insurance $ 17,500.00 Information Technology 101-416-5-422-07 Contracted Services $ 14,500.00 Information Technology 101-416-5-427-02 Registration & Training $ 5,000.00 Information Technology 101-416-5-428-01 Telephone $ 6,800.00 Information Technology 101-416-5-429-09 Miscellaneous $ 1,000.00 Information Technology 101-416-5-940-00 Other Capital $ 38,000.00 Information Technology 101-416-5-950-01 Capital Less Than $5,000 $ 1,500.00 CITCO 101-420-4-441-08 Reimbursed Expense (Revenue) $547,840.80 CITCO 101-420-5-911-00 Buildings & Structures $1,053,540.00 Fire 101-422-5-425-05 Maintenance Buildings $ 17,500.00 Fire 101-422-5-426-03 General Supplies $ 10,200.00 Recreation 101-451-5-422-07 Contracted Services $ 95,000.00 Parks 101-452-5-930-00 Machinery & Equipment $ 14,500.00 Library 101-455-5-950-04 Audio / Visual Material $ 324.00 Appropriations / Subsidies 101-495-5-856-19 Human Rights Commission $ 7,965.00 Expense $1,565,209.00 Revenue $ 547,840.80 CIP Fund Department Budgetary Account Account Description Budget Increase Non-Departmental 213-400-5-367-01 Grant Expenditures $260,063.00 IT / Other Buildings 213-405-5-911-00 Buildings Sinking Fund $329,547.80 IT / Other Buildings 213-405-5-940-01 Capital $ 25,000.00 Fire 213-422-5-970-01 Fire Vehicles $ 23,213.45 Fire 213-422-5-970-02 Fire Equipment $ 40,000.00 Public Works 213-430-5-960-02 Street Curb & Gutter $ 10,000.00 Public Works 213-430-5-960-03 Infrastructure Maintenance $547,834.42 Public Works 213-430-5-970-03 Facilities $ 30,500.00 Street Division 213-431-5-970-02 Street Equipment $387,331.00 Street Division 213-431-5-970-03 Street Facilities $100,000.00 Parks 213-450-5-960-03 Infrastructure Maintenance $110,957.85 Parks Equipment 213-450-5-970-02 Parks Equipment $ 60,000.00 Parks 213-450-5-970-03 Parks Facilities $881,737.43 Library 213-455-5-940-01 Library Capital $393,179.36 TOTAL $3,199,364.31 Other Funds Department Budgetary Account Account Description Budget Increase Dacotah Bank Center 224-000-5-940-01 Capital $137,181.53 Storm Drainage 282-000-5-980-00 Storm Sewer Improvements $705,685.35 3B 284-000-5-856-29 Special Initiatives $164,463.00 3B 284-0005-856-65 Promotion of City $101,000.00 20th Street Interchange 528-000-4-441-08 Reimbursed Expense (Revenue) $316,215.00 20th Street Interchange 528-000-5-422-03 Consulting / Engineering $372,318.30 Public Safety Center 531-000-5-422-03 Consulting / Engineering $360,164.00 Detention Basin 534-000-5-433-01 Project Expenses $143,182.00 Fire Facility 535-000-5-422-03 Consulting & Engineering $913,913.00 Fire Facility 535-000-5-433-01 Project Expenses $5,388,307.00 Landfill 625-000-5-422-02 Contracted Services $ 13,520.00 Landfill 625-000-5-911-00 Buildings & Structures $300,000.00 Expense $8,599,734.18 Revenue $ 316,215.00 Transfers Between Funds Fund Budgetary Account Account Description Budget Increase General Fund 101-000-7-899-05 Transfer Out $6,302,220.00 Fire Facility 535-000-5-700-00 Transfer In $6,302,220.00 CIP Fund 213-440-7-899-03 Transfer Out $137,182.00 Dacotah Bank Center 224-000-5-700-04 Transfer In $137,182.00 All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD _______________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________ Bonnie Foster, City Clerk General Fund Carry ForwardsDepartment General Ledger AccountGeneral Ledger Account DescriptionItem/Project Description Amendment Requested ItemizationsNon-Departmental Expense 101-405-5-422-03 Consulting Expense Code Enforcement/Consulting 256,880.00$ Information Technology 101-416-5-421-00 Insurance Initiatives to continue decreasing Cybersecurity Insurance Costs17,500.00$ Information Technology 101-416-5-422-02 Contracted Services Anti-ransomware Initiatives/cybersecurity14,500.00$ Information Technology 101-416-5-427-02 Registration & Training In-classroom training and certifications 5,000.00$ Information Technology 101-416-5-428-01 Telephone PD CDJS Compliance, continuing 2FA. 6,800.00$ Information Technology 101-416-5-429-09 Miscellaneous Anti-ransomware Initiatives/cybersecurity1,000.00$ Information Technology 101-416-5-940-00 Other Capital phone system updates/upgrades 38,000.00$ Information Technology 101-416-5-950-01 Capital Less than $5,000 Anti-ransomware Initiatives/cybersecurity1,500.00$ CITCO 101-420-5-911-00 Buildings & Structures Chiller Project 1,053,540.00$ CITCO 101-420-4-441-08 Reimbursed Expense Chiller Project 547,840.80$ Fire 101-422-5-425-05 Maintenance buildings Generator17,500.00$ Fire 101-422-5-426-03 General Supplies Thermal Cameras 10,200.00$ Recreation 101-451-5-422-07 Contracted Services Facilities Consulting 95,000.00$ Library 101-455-5-950-04 Audio/Visual Material Line Item Budget Correction 324.00$ Appropriations/Subsidies 101-495-5-856-19 Human Rights Commission 2027 Action Plan 7,965.00$ Total General Fund Carry Forwards2,073,549.80$ General Fund New InitiativesDepartment General Ledger AccountGeneral Ledger Account DescriptionItem/Project Description Amendment Requested ItemizationsHuman Resources 101-414-5-422-03 Consulting & Engineering Employee Survey Update 15,000.00$ Human Resources 101-414-5-422-07 Contracted Services Random Drug Testing 10,000.00$ Parks 101-452-5-930-00 Machinery & Equipment14,500.00$ Snow blower with Truck Chute7,500.00$ Improved Padding at Bob Shelden 7,000.00$ Total General Fund New Initiatives39,500.00$ Total General Fund Expenditures1,565,209.00$ Total General Fund Revenues547,840.80 CIP Fund Carry ForwardsDepartment General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsNon-Departmental 213-400-5-367-01 Grant Expenditures Downtown Incentives 260,063.00$ IT/Other Buildings 213-405-5-911-00 Buildings Sinking Fund329,547.80$ IT/Other Buildings 213-405-5-940-01 Capital Nutanix Node 25,000.00$ Fire 213-422-5-970-01 Fire Vehicles Upfit new vehicle 23,213.45$ Fire 213-422-5-970-02 Fire Equipment Radios 40,000.00$ Public Works 213-430-5-960-02 Street Curb & Gutter ICAP Sidewalk Program 10,000.00$ Public Works 213-430-5-960-03 Infrastructure Maintenance Engineering Projects 547,834.42$ Public Works 213-430-5-970-03 Facilities CD/Engineering Suite Remodel 30,500.00$ Street Division 213-431-5-970-02 Street Equipment Equipment Purchases 387,331.00$ Upfitting Sign Truck - Truck amount carried forward in encumbrances 37,331.00$ Tandem Axle Truck - Ordered/pending delivery 300,000.00$ Sander - Ordered/pending delivery 50,000.00$ Street Division 213-431-5-970-03 Street Facilities Facility Repairs 100,000.00$ 213-450-5-960-03 Infrastructure Maintenance 110,957.85$ ParksTrail Work50,000.00$ Public Works20th Street South Shared Use Path60,957.85$ Parks 213-450-5-970-03 Parks Facilities881,737.43$ Splash Pad pushed to 2026 688,000.00$ Remaining skate park budget 154,350.00$ DNP wood resealing - delayed due to securing a contractor. 25,000.00$ Remaining for pool filter - invoice pending 14,387.43$ Library 213-455-5-940-01 Library Capital393,179.36$ Remaining Bathroom Project & Furniture 96,056.36$ Roof Project - Amount based on proposal received. 297,123.00$ Total CIP Carryforwards3,139,364.31$ CIP Fund New InitiativesDepartment General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsParks Equipment 213-450-5-970-02 Parks Equipment Infield Groomer 60,000.00$ Total CIP New Initiatives60,000.00$ Total CIP Fund3,199,364.31$ Other Funds Carry ForwardsFund General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested ItemizationsDacotah Bank Center 224-000-5-940-01Capital137,181.53$ Cleaning equipment 2,916.61$ Trash cans 7,500.00$ Crack Sealing 5,000.00$ Ceilings and Walls 24,352.20$ Unit Heaters 24,470.00$ Water Heaters38,550.00$ Exterior Storage 15,000.00$ Other Carry Forward 19,392.72$ Storm Drainage 282-000-5-980-00Storm Sewer Improvements Dunhams Channel, 15th & 7th 705,685.35$ 3B 284-000-5-856-29Special Initiatives Economic Development Merger 164,463.00$ 20th Street Interchange 528-000-4-441-08Reimbursed Expense (Revenue) 20th Street Interchange 316,215.00$ 20th Street Interchange 528-000-5-422-03Consulting/Engineering 20th Street Interchange 372,318.30$ Public Safety Center 531-000-5-422-03Consulting/Engineering Public Safety Center 360,164.00$ Detention Basin 534-000-5-433-01Project Expenses Detention Basin 143,182.00$ Fire Facility 535-000-5-422-03Contracted Services Fire Facility 913,913.00$ Fire Facility 535-000-5-433-01Project Expenses Fire Facility 5,388,307.00$ Landfill 625-000-5-422-02Contracted Services BMU Surcharge for leachate 13,520.00$ Landfill 625-000-5-911-00Buildings & Structures Remaining costs for Leachate Force Main 300,000.00$ Total Other Funds Carry Forwards Expense 8,498,734.18$ Revenue 316,215.00$ Other Funds New InitiativesFund General Ledger Account General Ledger Account Description Item/Project Description Amendment Requested Itemizations3B 284-000-5-856-65Promotion of City Software Program 11,000.00$ 3B 284-000-5-856-65Promotion of City Bridge Lights 90,000.00$ Total Other Funds New Initiatives 101,000.00$ Total Other FundsRevenue 316,215.00$ Expense 8,599,734.18$ Total All Funds: Revenue 864,055.80$ Expense 13,364,307.49$ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-009,Version:2 Second Reading and Action on Ordinance 26-009, an Ordinance Amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 of the Code of Ordinances of the City of Brookings. Summary and Recommended Action: Staff recommends approval of the proposed amendments to Chapter 6, Section 6-8, and Chapter 74, Section 74-40, of the City Code of Ordinances pertaining to alcoholic beverages sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. Attachments: Memo Ordinance - clean Ordinance - marked Parklet Application Parklet Design Check List City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Samantha Beckman, Assistant City Manager Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-009: amending Chapter 6, Section 6-8, and Chapter 74, Section 74-40 Presenter: Bonnie Foster, City Clerk Samantha Beckman, Assistant City Manager Summary and Recommended Action: Staff recommends approval of the proposed amendments to Chapter 6, Section 6-8, and Chapter 74, Section 74-40, of the City Code of Ordinances pertaining to alcoholic beverage sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. Item Details: In 2024, a pilot Parklet Program was created, which allowed Wooden Legs Brewing Company to establish a parklet in parking stalls adjacent to their business for a period of up to two years while the city evaluated the pilot program. The Parklet Pilot Program was a success, and well-received by the Brookings community. Due to the program’s success, the pilot Parklet Program will end early, and action will be taken to implement Code changes to Chapter 6, Section 6-8, and Chapter 74, Section 74-40 pertaining to alcoholic beverages sales and consumption guidelines within the public right-of-way, and regulations pertaining to outdoor food and beverage service and dining areas. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. Any holder of an operating agreement, on-sale malt beverage license, or on-sale wine license may apply for a sidewalk café or parklet permit as long as they meet code requirements. Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: Parklet Application Fee: $250 annual fee Sidewalk Sales Application Fee: $100 annual fee Supporting Documentation: Ordinance – clean Ordinance – marked Parklet Application Parklet Design Checklist ORDINANCE 26-009 AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.8, and CHAPTER 74, SECTION 74-40 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, as follows: I. That Chapter 6, Article I, Section 6-8 shall be amended as follows: Section 6-8. Alcoholic beverage sales and consumption guidelines within public right-of-way. (a) General provisions. 1) Any holder of an operating agreement, on-sale malt beverage license or on- sale wine or farm wine license may apply for a sidewalk café or parklet permit for the sale and consumption of alcoholic beverages which the licensee is authorized to sell on or within the sidewalk, walkway, or parking stalls subject to a public right-of-way immediately adjacent to and abutting a licensed premises. 2) The hours of authorized patron use within the sidewalk, walkway, or parking stalls subject to a public right-of-way as provided by this section shall not be outside the hours regulated by SDCL Title 35. Patrons must vacate the dining areas by 10:00 PM. 3) The hours of authorized alcoholic beverage sales and consumption are regulated by state law [SDCL] Title 35-4-81.2. 4) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of-way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. 5) Sidewalk cafes and parklets must be returned to their previous conditions after permitted timeframe at the applicant’s expense. (b) Definition. • Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk or walkway which is immediately adjacent to and/or abutting the licensed premises which is operated and maintained by an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. • Parklet. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. (c) Applicable procedure for sidewalk cafés. 1) An application for a sidewalk café permit shall be filed with the city clerk. There is an annual application fee of $100.00. The application shall include a site plan which identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades. 2) a. The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. No part of the sidewalk café should impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. b. Physical barricades are required if alcoholic beverages are sold at the sidewalk café. 3) All services provided to sidewalk café patrons as well as all patron activity must occur within the designated sidewalk café area. No alcoholic beverages may be stored or mixed in the sidewalk café. 4) The permit holder is responsible for proper supervision of the sidewalk café in order to ensure the requirements of this section are met. 5) Every sidewalk café permit holder shall furnish a certificate of insurance proving commercial general liability insurance coverage against claims for injury or damages to persons or property in the amount of at least $1,000,000.00 single limit and $1,000,000.00 aggregate. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. 6) To the extent applicable, sidewalk cafés must adhere to all regulations of the city pertaining to food and beverage service as set forth in section 74 -40. 7) All permit holders are required to abide by all federal, state, and local laws. 8) A sidewalk café permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a sidewalk café permit shall be given in writing ten days prior to actual revocation and shall specify the area or areas of continued failure to maintain application conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to be continued. (d) Applicable procedure for parklets. (1) An application for a parklet permit shall be filed with the city clerk. There is an annual application fee of $250.00. The application shall include a site plan which identifies the location of tables, chairs, umb rellas, trash receptacles, heaters and barricades. (2) a. The location of the parklet must be directly in front of the business operating the parklet, and may not extend beyond the side property lines. No part of the parklet should impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. b. Parklets are not permitted on Main Avenue or any streets designated as arterial or collector outside of the central business district. c. Physical barricades are required if alcoholic beverages are sold at the parklet. (3) All services provided to parklet patrons as well as all patron activity must occur within the designated parklet area. No alcoholic beverages may be stored or mixed in the parklet. (4) The permit holder is responsible for proper supervision of the parklet in order to ensure the requirements of this section are met. (5) Every parklet permit holder shall furnish a certificate of insurance proving commercial general liability insurance coverage against claims for injury or damages to persons or property in the amount of at least $1,000,000.00 single limit and $1,000,000.00 aggregate. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a parklet. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. (6) To the extent applicable, parklets must adhere to all regulations of the city pertaining to food and beverage service as set forth in section 74 -40. (7) All permit holders are required to abide by all federal, state, and local laws. (8) A parklet permit may be revoked for failure to maintain the standards required for the initial permit. A notice of intent to revoke a parklet permit shall be given in writing ten days prior to actual revocation and shall specify the area or areas of continued failure to maintain application conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to be continued. AND Chapter 74, Section 74-40 be amended as follows: Section 74-40. Regulations pertaining to outdoor food and beverage service and dining areas. 1) Definition. • Sidewalk café. A sidewalk café is an outdoor area located on a public sidewalk or walkway which is immediately adjacent to and/or abutting the licensed premises which is operated and maintained by an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. • Parklet. A parklet is a small seating area or green space created as a public amenity on or alongside a sidewalk or walkway, especially in a roadside parking space adjacent to an establishment, coffeehouse, tea shop, restaurant or bar licensed for the sale of distilled spirits, wine, malt beverages or farm wine. 2) Outdoor sales and service of food, beverages and outdoor dining upon any public right-of-way in the central business district are subject to the regulations set forth in this subdivision. These services are not permitted on Main Avenue or any streets designated as arterial or collector outside of the central business district. 3) An application for a sidewalk café or parklet permit shall be filed with the city clerk. There is an annual application fee of $100 for a sidewalk café permit and $250 for a parklet permit. The applications shall include a site plan which identifies the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades. 4) No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license for sidewalk café or parklet sales has been issued pursuant to applicable law. 5) No part of the outdoor food or beverage sales and/or outdoor dining shall impede, endanger or interfere with pedestrian traffic, with a minimum width of four feet of unobstructed passage. 6) No fixtures or devices upon which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. Exemptions may be allowed on a case-by-case basis. 7) No part of the outdoor food or beverage sales and/or outdoor dining shall block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage. No part of the outdoor food or beverage sales and/or outdoor dining shall have sharp edges, protrusions or other features which may be hazardous to the public. 8) The hours of operation for a temporary vendor are regulated by division 2 of this article. 9) All tables, chairs, benches, signs, food and beverage carts and equipment used for food and beverage sales or consumption must be secured so that they may not be dislodged during windy or stormy weather. 10) The hours of authorized alcoholic beverage sales and consumption are regulated by state law [SDCL] Title 35-4-81.2. 11) A violation of any provision of [SDCL] Title 35 by an alcoholic beverage license holder conducting business on a sidewalk or walkway subject to a public right-of- way pursuant to this section constitutes a violation of [SDCL] Title 35 as if the violation had occurred in or on the licensed premises. II. Any or all Ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Application Sidewalk Café Alcohol Sales Parklet Alcohol Sales 520 3rd St, Suite 230, Brookings, SD 57006 Phone: (605) 692-6281 www.cityofbrookings-sd.gov The undersigned makes application for a Sidewalk Café or Parklet Alcohol Sales Permit under provisions of Chapter 6, Section 6-8 of the City of Brookings Code of Ordinances. Applicant Qualifications: Any holder of an operating agreement, on-sale malt beverage license or on-sale wine license may apply for a sidewalk café or parklet permit for the sale and consumption of alcoholic beverages which the licensee is authoized to sell on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that license holder meets the qualifications under Section 6-8. Business Name: ______________________________________________________ Representative’s Name: ______________________________________________________ Address/Location: ______________________________________________________ Phone Number: ______________________________________________________ Alcohol License Number(s): ______________________________________________________ Food License Number: ______________________________________________________ Submitting Application For: Sidewalk Café ($100 annual fee) Parklet ($250 annual fee) Application Submittal Requirements: A. For both sidewalk café and parklet permits, the following are required: a. Fee. An annual fee in the amount of $100.00 for sidewalk sales alcohol permits and $250.00 for parklet alcohol permits payable to the City of Brookings filed with the City Clerk. b. Insurance. Furnish a certificate of insurance proving commercial insurance coverage of at least $1,000,000 for bodily injury, death, disability, and property damage liability. The City of Brookings shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café or parklet. In the event that the insurance is cancelled, the permit holder has 24 hours to reinstate the insurance or the permit shall be revoked. The permit holder shall immediately notify the city clerk if insurance under this provision is revoked and shall not serve or allow alcoholic beverages to be consumed until insurance is reinstated in accordance with this requirement. c. Alcohol Requirements. Physical barricades are required if alcoholic beverages are sold at the sidewalk café/parklet. All services provided to sidewalk café/parklet patrons as well as all patron activity must occu r within the designated sidewalk café/parklet area. No alcoholic beverages may be stored or mixed in the sidewalk café/parklet. The permit holder is responsible for proper supervision of the sidewalk café/parklet in order to ensure compliance with Section 6-8. B. For Sidewalk Sales permits, the following are also required: a. Site Plan. Furinsh a site plan identifying the location of tables, chairs, umbrellas, trash receptacles, heaters and barricades in compliance with the following requirements: i. The location of the sidewalk café must be directly in front of the business operating the café, and may not extend beyond the side property lines. No part of the sidewalk café should impede, endanger or interfere with pedestrian traffic, with a minimum width of four (4) feet of unobstructed passage. ii. No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. Exemptions may be allowed on a case-by-case basis. The property owner is responsible for the restoration of the sidewalk or public right-of-way if any damage is caused by the sidewalk café. Physical barriers may not exceed four feet in height. iii. Lighting for the sidewalk café is subject to approval during the permitting process. Tabletop lighting may include candles and battery-operated fixtures. b. Notification. Notification of adjacent property owners is required. Please provide evidence of notification. C. For Parklet permits, the following are also required: a. Site Plan. Furnish a site plan identifying the location of the parklet, tables, chairs , umbrellas, trash receptacles, steps/ramps, heaters and barricades in compliance with the following requirements: i. The location of the parklet must be directly in front of the business operating the parklet, and may not extend beyond the side property lines. No part of the parklet should imede, endanger or interfere with pedestrian traffic with a minimum width of four (4) feet of unobstructed passage. ii. Parklets are not permitted on Main Avenue. iii. Parklets must meet the requirements of the Parklet Design Check List. See Attachment “A” below. b. Pavement Condition Assessment. The Public Works – Engineering Division will conduct a pavement condition assessment before and after the parklet is installed to note any damages. The Applicant will be responsible for any damages incurred to the public right-of-way. c. Utilization/Hours of Operation. Parklets may only be utilized between April 15 and October 15 of each year (pending snow events). d. Notification. Notification of property owners whose property either abuts are is immediately across the street from the business requesting the permit is required. Please provide evidence of notification. D. Compliance Requirements: a. Permit holders must ensure that the requirements for operation are met. These include: i. Patrons must wear shoes and shirts at all times. ii. All sidewalk cafés and parklets must maintain at least one opening for ingress and egress at all times. All sidewalk cafes and parklets shall abide by all requirements of the currently adopted International Building Code and the American’s with Disabilities Act. iii. To the extent applicable, sidewalk cafes and parklets must adhere to all regulations of the City pertaining to food and beverage services as set forth in Ordinance Sections 6-8 and 74-38 to 40. iv. All areas within and surrounding a sidewalk café or parklet must be maintained in a clean, neat and sanitary condition. b. All permit holders shall be required to abide by all federal, state, and local laws. c. The hours of authorized alcoholic beverage sales and consumption are regula ted by state law [SDCL] Title 35. Patrons must vacate parklet or sidewalk dining areas by 10:00PM. E. Revocation. A sidewalk café or parklet permit may be revoked for failure to maintain the standards required for the inital permit. A notice of intent to revoke a sidewalk café or parklet permit shall be given in writing ten (10) days prior to actual revocation and shall specify the area or areas of continued failure to maintain conditions the city may have imposed. If, during that period, proof of compliance is made by the holder of the permit, the city may allow the permit to continue. F. Please attach site plan and any other additional details to the application upon submittal. Acknowledgements. The Application and any permit issued constitute a contract between the undersigned applicant and the City of Brookings. The undersigned applicant agrees to comply with all provisions of Chapter 6 (pertaining to Alcoholic Beverages) of the Brookings Code of Ordinances and Chapter 35 of the South Dakota Codified Laws, which pertain to the sale and consumption of alcoholic beverages. The undersigned Applicant expressly agrees that violations of the provisions of Chapter 6, or failure to comply therewith, constitutes casue for revocation or suspension of the permit issued pursuant to this Application or for refusal to renew the permit upon expiration thereof. By approval of this permit, the City of Brookings assumes no liability for any damages or injuries suffered due to the sidewalk café or parklet at the above location. Applicant agrees to permit the City to periodically verify the accuracy of information contained in this Application and agrees to provide information requrested to verify the accuracy of the information and the Certifications contained in this Application. I have read and fully understand the attached rules and regulations applying to the approval of this license. Dated _____________, 20____ By: ______________________________________________ Return completed application to: Bonnie Foster, City Clerk 520 3rd St., Suite 230, Brookings, SD 57006 (605) 697-8641 bfoster@cityofbrookings-sd.gov (TO BE COMPLETED BY CITY STAFF) Reviewed by (in this order): ADA Coordinator: ____________________________________ Public Works – City Engineer: ____________________________________ Public Works – Street Manager: ____________________________________ Public Works – Director: ____________________________________ Community Development Department: ____________________________________ Fire Department: ____________________________________ City Clerk’s Office: ____________________________________ FYI Notification to: Police Department, City Manager’s Office, Brookings Municipal Utilities SIDEWALK ALCOHOL SALES PERMIT PARKLET ALCOHOL SALES PERMIT _________ APPROVE _________ DISAPPROVE (State reason if disapproved and return to applicant) The following restrictions were imposed: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date of Application: ______________________ City Council Action Date: ______________________ Date Notification Sent: ______________________ Edited 2/2026 - 1 Parklet Design Check List – City of Brookings, SD THE PARKLET MUST MEET THE FOLLOWING CRITERIA: Location/Dimensions (Engineering/Building Services):  A parklet may not be located within parking spaces designated for accessible parking.  Must be located at least ten (10) feet away from the nearest intersection/driveway/alley and twenty-five (25) feet from the intersection of two streets (Ordinance 94-407).  Have a minimum of a eighteen (18) inches buffer space from the drive lane. Utilize barriers such as planters or barricades to protect the patrons.  Cannot occupy more than three full parking spaces without advance approval from the City Public Works – Engineering Division and City Administration.  Cannot be located within forty (40) feet of a bus stop.  A minimum of one table per parklet must be ADA accessible; preferred would be to have the structure be flush with the sidewalk or a ramp for ADA accessibility. If utilizing ramps, slope surfaces must meet City Code of Ordinances.  Provide entrance on the sidewalk-facing edge and restrict any potential ingress/egress on all street and parking sides.  The parklet must not impede curbside storm drainage. It is up to the business owner to make sure storm drainage is not blocked by the parklet for the duration of the season.  Remain clear, unobstructed sightlines to and from the street. Sightlines must be drawn into site plan.  Must maintain a minimum of four (4) feet from building to parklet.  Meets all applicable requirements contained within the City’s Code of Ordinances.  Parklets are not permitted on Main Avenue or collector or arterial streets (except within the central business district).  Any other criteria deemed necessary by the City of Brookings. ________________________ Materials (Building Services/Engineering):  Parklets must be a constructed, elevated structure.  Parklet furniture must be of commercial grade and designed durably. The furniture needs to either be built into the parklet or be removed/locked together at night.  Parklets need to be constructed out of durable and stable all-weather materials. Parklets must be able to withstand high wind speeds. Permanent anchors with detachable bolts which may be reinserted into the pavement each season are acceptable. Exemptions may be allowed on a case-by-case basis.  Parklets must include vertical elements which alert vehicles to their presence, such as posts or bollards, and include materials which create a protective enclosure around the perimeter. Edited 2/2026 - 2  Utilization of reflective materials will need to be included on the exterior perimeter of the parklet for vehicle and pedestrian safety.  Lighting/Electricity – Battery lighting and speakers are allowed, however there will be no electricity run from the business to the parklet. All lighting shall not interfere with vehicular traffic or residential dwellings. • Acceptable Materials:  Structure: ▪ Deck Structure/Elevated Surface (shall be able to handle a load of 100 pounds/square foot  Wood decking  Composite decking (wood and plastic)  PVC Decking  Pedestal and Paver System  Other __________________  Safety Barrier:  Metal Railing  Planters  Other ___________________  Deflectors  Precast Concrete Planters  Flexible Delineator  Vertical Barricade  Reflective Water Barrel  Other ______________________  Site Furnishings:  Tables, Chairs, and Benches not permanently affixed.  Powder-coated metal  Finished wood  Sturdy composite or molded plastic  Molded resin  Umbrellas (be sure they do not obstruct traffic sightline)  Solar/Battery Lighting (no electricity to parklet)  Propane Heaters  Other _______________________  Prohibited Materials - Wood pallets - Paint on any street or sidewalk surface Edited 2/2026 - 3 - Carpet - Snow fence - Traffic cones - Folding traffic barricades - Chain link fence - Chain rails - Unfinished wood (unless on a planter box)  Any other criteria deemed necessary by the City of Brookings. _____________________ Time of Year (City Clerk):  Utilization: o The parklet may only be utilized between April 15 and October 15 of each year (pending snow events). Between October 16 and April 14, the business is responsible for storing the parklet and restoring the area to such a condition that it may be used for its designated purpose.  Parklet materials and furniture must be stored off-site after the October 15 expiration date.  If supplying alcohol in the parklet:  A designated walkway for transportation of alcohol must be physically identified (i.e. markings on sidewalk, arrows, etc.). Customers are allowed to carry alcohol across the sidewalk and into the parklet as long as they remain within the designated walkway permitted for the movement of alcohol. o The business will be solely responsible for all activities within the parklet and any violations are subject to Title 35 regulations. o Alcohol service hours may begin in compliance with SDCL Title 35. Patrons must vacate the parklet by 10:00 PM. o Any time more than 20 people occupy a parklet serving alcohol, the parklet area shall be staffed so the area is supervised. Neighborhood/Public Support (City Clerk):  Must have written consent from all neighbors who abut and are directly across from. Edited 2/2026 - 4 Notification of Adjacent Property Owners (i.e. businesses and neighbors) Name Address Signature Date City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 26-008,Version:2 Public Hearing and Action on Ordinance 26-008, an Ordinance Amending Chapter 94, Article VI, Division 5, Section 94-473, Related to Projecting Signs in the Business B-1 Central District. Summary and Recommended Action: The proposed Ordinance would allow one projecting sign for every 25-feet of street frontage facing a public street in the Business B-1 Central District. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Attachments: Memo Ordinance - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ryan Miller, City Planner Council Meeting: February 24, 2026 / March 10, 2026 Subject: Ordinance 26-008: Amendments to Chapter 94, Article VI, Division 5, Sec. 94-473: Projecting Signs Presenter: Mike Struck, Community Development Director Summary and Recommended Action: The proposed Ordinance would allow one projecting sign for every 25-feet of street frontage facing a public street in the Business B-1 Central District. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. The Planning Commission voted 9-0 to recommend approval. Item Details: Staff was asked to consider allowing additional projecting signage rights for downtown buildings. A projecting sign is any sign affixed at an angle or perpendicularly to the wall of any building in such a manner as to be read perpendicularly or at an angle to the wall on which it is mounted. This does not include wall signs which are allowed separately as a percentage of the building face and must be affixed parallel to the wall. Projecting signs are allowed in all of the business zoning districts, with one per face limitation. Downtown lots were platted at 25-feet in width along Main Avenue. However, over time businesses expanded into adjacent lots, merging buildings and creating single building faces with greater than 25-feet in width. As an example, 314 Main Avenue and 316 Main Avenue are now one building face sitting on two 25-foot lots for a total building face width of 50-feet. As Code is currently written, one projecting sign would be allowed for the building face. Had the building maintained separate 25-foot building faces, each would be allowed a separate projecting sign. In this particular example, a variance was granted in 2017 to allow a second projecting sign. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: None. Supporting Documentation: Ordinance - clean Ordinance - marked Hearing Notice - City Council Hearing Notice - Planning Commission Planning Commission Minutes ORDINANCE 26-008 AN ORDINANCE AMENDING CHAPTER 94, ARTICLE VI, DIVISION 5, SECTION 94-473 RELATED TO PROJECTING SIGNS IN THE BUSINESS B-1 CENTRAL DISTRICT BE IT ORDAINED by the Governing Body of the City of Brookings, South Dakota that the Subdivision Regulations be amended as follows: I. Chapter 94 – Zoning Article VI. – Supplemental Regulations Division 5 – Signs Sec. 94-473. Tables. Table Notes: (a) The sign area for this sign shall be applied to the maximum allowable wall area from Table 3. (b) One sign shall be permitted for each building face fronting a public street. In the Business B-1 Central District, one sign shall be permitted for each 25 -feet of building face fronting a public street. (c) Allowed as per subsections 94-470(ed), (f) and (g). (d) Exception allowed as per subsections 94-470(e), (f) and (g). (e) See subsection 94-470(h). II. All ordinances and parts of ordinances in conflict herewith are hereby repealed. FIRST READING: February 24, 2026 SECOND READING: March 10, 2026 PUBLISHED: March 13, 2026 CITY OF BROOKINGS, SD _______________________________ Oepke “Ope” Niemeyer, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk Created: 2025-10-16 14:22:46 [EST] (Supp. No. 20) Page 1 of 2 Sec. 94-473. Tables. TABLE 4 NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE Sign Type Number Allowed Maximum Sign Area (square feet) Vertical Clearance From Sidewalk (feet) Horizontal Clearance From Curb (feet) Freestanding Area identification 1 per entrance Billboard Bulletin board Ground Incidental 4 Outdoor menu board Pylon Residential See Table 3 Building Awning(a) 8 2 Awning, electric(a) 8 2 Banner, wall(a) Building marker 1 per building 4 Canopy(a) 8 2 Identification 1 per building Marquee(a) 8 2 Projecting(b) 1 per bldg. face 48 10 2 Roof(a) 1 per building Roof, Integral(a) 2 per building Suspended 1 per entrance 8 Wall(a) Wall, painted(a) Window Miscellaneous Banner(c) 2 40 (each) 8 2 Banner, Pole 8 2 Flag 8 2 Inflatable(c) 1 100 Pennant(c) Portable(c) 1 32(d) Temporary(e) 2 16 (each) Created: 2025-10-16 14:22:46 [EST] (Supp. No. 20) Page 2 of 2 Table Notes: (a) The sign area for this sign shall be applied to the maximum allowable wall area from Table 3. (b) One sign shall be permitted for each building face fronting a public street. In the Business B-1 Central District, one sign shall be permitted for each 25-feet of building fronting a public street. (c) Allowed as per subsections 94-470(e), (f) and (g). (d) Exception allowed as per subsections 94-470(e), (f) and (g). (e) See subsection 94-470(h). If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article VI, Division 5, Sec. 94-473 of the Zoning Ordinance pertaining to the number of allowed projecting signs on a building face in the Business B-1 Central District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, March 10, 2026 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 27th day of February, 2026. Bonnie Foster City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON A CHANGE IN ZONE REGULATIONS NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments to Chapter 94, Article VI, Division 5, Sec. 94-473 of the Zoning Ordinance pertaining to the number of allowed projecting signs on a building face. NOTICE IS FURTHER GIVEN That said request will be acted on by the Planning Commission at 5:30 PM on Tuesday, February 3, 2026 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the Planning Commission is a recommendation made to the City Council. Any person interested may appear and be heard on this matter. Dated this 20th day of January, 2026. Ryan Miller City Planner Planning Commission Brookings, South Dakota February 3, 2026 OFFICIAL MINUTES Chairperson Jacob Limmer called the meeting of the Planning Commission to order on Tuesday, February 3, 2026, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Emily Braun, Billie Jo Hinrichs, Kyle Jamison, Scot Leddy, Jacob Limmer, Nick Schmeichel and Roger Solum. Debra Spear was present via conference call. Also present were Community Development Director Michael Struck and City Planner Ryan Miller. Also present were Mason Winterboer, Kyle Rausch, Matt Weiss, Sandra Callies, Justin Bucher, Wade Price and Jason Peterson from the public. Item #6c – The City of Brookings has submitted a proposal for the amendment of Chapter 94, Article VI, Division 5, Sec. 94-473 - projecting signs in the Business B-1 Central District to allow one projecting sign for every 25-feet of street frontage facing a public street. The current ordinance allows only one projecting sign per face regardless of the width of the building. Staff recommends approval. (Hinrichs/Schmeichel) Motion to approve the ordinance amendment. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #6c – The City of Brookings has submitted a proposal for the amendment of Chapter 94, Article VI, Division 5, Sec. 94-473 - projecting signs in the Business B-1 Central District to allow one projecting sign for every 25-feet of street frontage facing a public street. The current ordinance allows only one projecting sign per face regardless of the width of the building. Hinrichs asked what the maximum number of signs downtown would be if every business maximized their sign allowance. Miller used an example of two 25-foot building faces that were combined into one building face that would require a variance for a second sign under the current ordinance whereas, with the amendment, a second sign would be allowed by right on a 50-foot face. He went on to say that most downtown businesses have a 25-foot face so there are not many cases where the amendment would apply. Limmer asked for clarification on when a second sign would be allowed. Miller detailed that one sign would be allowed on building faces up to 25-feet and a 26-49 foot face would allow up to two projecting signs. Jamison asked if this would apply to corner lots. Miller confirmed that it would. Jamison requested the wording be changed to account for multilevel businesses. Miller referenced 94- 473.b and asked if that was what Jamison was requesting. Jamison said it was similar. Limmer asked how often this variance has been requested. Miller stated that the example property is the only one that has currently requested it. Struck discussed multitenant buildings becoming more common and referred to a restriction on the percentage of the face that could be covered with signage. Limmer asked how projecting signs interacted with the overall allowable signage. Miller stated that they increase the overall allowable signage. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 26-016,Version:1 Action on Resolution 26-016, a Resolution Amending the Consolidated Fee Schedule. Summary and Recommended Action: Staff recommends approval of a resolution amending the 2026 Consolidated Fee Schedule to formally establish: ·Sidewalk Café Permit fee - $100 annual fee ·Parklet Permit Fee - $250 annual fee These fees are consistent with Ordinance 26-009, which amended Chapter 6 and Chapter 74 of the City Code to formally implement regulations for sidewalk cafés and parklets within the public right-of- way. Attachments: Memo Resolution City of Brookings Printed on 3/12/2026Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Ashley Rentsch, Finance Director Council Meeting: March 10, 2026 Subject: Resolution 26-016: Consolidated Fee Schedule Amendment Presenter: Ashley Rentsch, Finance Director Summary and Recommended Action: Staff recommends approval of the proposed Resolution amending the 2026 Consolidated Fee Schedule to formally establish:  Sidewalk Café Permit fee - $100 annual fee; and  Parklet Permit Fee - $250 annual fee. These fees are consistent with Ordinance 26-009, which amended Chapter 6 and Chapter 74 of the City Code to formally implement regulations for sidewalk cafés and parklets within the public right-of-way. Item Details: In 2024, the City implemented a pilot parklet program, which was well received by the community and participating businesses. Based on the success of the pilot, Ordinance 26-009 formally amended City Code to establish permanent regulations for sidewalk cafés and parklets, including permitting requirements, operational standards, and insurance requirements. The ordinance establishes:  An annual $100 application fee for sidewalk café permits.  An annual $250 application fee for parklet permits. Applications must include site plans, proof of insurance naming the City as additional insured, and compliance with design and safety standards as outlined in the Parklet Design Checklist and application materials. This resolution does not crate new fees, but rather incorporates the already adopted ordinance into the City’s consolidated fee schedule to ensure consistency between City Code and the adopted fee schedule, transparency and ease of reference for businesses and the public, and proper administrative tracking and annual billing. The fees help offset administrative review, inspection coordination, and oversight associated with the use of public right-of-way for private commercial purposes. Legal Consideration: Ordinance 26-009 amended Chapter 6, Section 6-8 and chapter 74, section 74-40 to authorize sidewalk café and parklet permits and establish the corresponding annual fees. Adoption of this resolution updates the Consolidated Fee Schedule to reflect those code changes. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement.  Economic Growth – The City of Brookings will support effective diversified community investment and equitable opportunities for prosperity. Financial Consideration: The annual permit fees are structured to partially recover administrative, inspection, and oversight costs related to application review, engineering and ADA compliance verification, insurance documentation review, and ongoing monitoring and enforcement. These revenues will be recognized in the General Fund. Supporting Documentation: Resolution RESOLUTION 26-016 RESOLUTION AMENDING THE CONSOLIDATED FEE SCHEDULE W HEREAS, the adopted Municipal Code and City Policies make references to fees charged; and W HEREAS, it is prudent that the fees be reviewed for cost effectiveness. NOW, THEREFORE, BE IT RESOLVED, that the City of Brookings hereby adopts the following amendment to the Consolidated Fee Schedule City Clerk: Sidewalk Café Permit Fee $100 per year Parklet Permit Fee $250 per year Passed and Approved this 10th day of March, 2026. CITY OF BROOKINGS, SD ________________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________ Bonnie Foster, City Clerk